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re: Does a President have absolute authority?
Posted on 4/13/20 at 11:56 pm to JuiceTerry
Posted on 4/13/20 at 11:56 pm to JuiceTerry
quote:
Today: I have total authority over what happens to the states
Specifically in terms of the decision as to when to "open up" right? That addition seems pretty important to the debate you reference. Indispensable. JMO of course.
0
Posted on 4/13/20 at 11:57 pm to Goforit
quote:
All Hail King Trump!
So we should mock him for not letting Governors to make a decision to close their states but call him king when he says he can open or close states. Got it.
Posted on 4/14/20 at 12:19 am to gobuxgo5
Imagine the nonsense of having two bordering states, one locked down and one having made decision to open back up. It's a supremely irrational scenario. And think of the mood of the already tense and anxious residents of the one whose governor chose to stay shuttered. It occurs to me that there will have to be a much more uniform program for "opening up". I'm no expert, not officially certified anyway, but seems to me there's but one entity represented by one person that has the authority and power to make a uniform decision that's binding amongst the states.
This post was edited on 4/14/20 at 12:41 am
Posted on 4/14/20 at 12:25 am to fatheadgator
quote:
Not whining- just stating facts- but i can see why that would bother you.
You didn't state a fact. You misquoted, replaced Total with absolute and created an argument out of thin air.
Do you work for the MSM? You'd fit right in.
Posted on 4/14/20 at 12:25 am to fatheadgator
quote:
I expect my fellow conservatives on this board will take issue w/ Trump’s declaration but I am curious if the Trump supporters will agree or disagree
There are no conservatives here. You might just be the last of your kind
Posted on 4/14/20 at 12:38 am to Old Hellen Yeller
There are a growing handful of strains of "conservatives" in our increasingly complex times, much the same as "liberals" and "moderates". How anyone could label themselves one of just 3 overly broad classifications in these times is seemingly implausible IMO.
This post was edited on 4/14/20 at 12:39 am
Posted on 4/14/20 at 12:44 am to fatheadgator
quote:
Does a President have absolute authority?
The President has zero authority to open a school.
Posted on 4/14/20 at 12:52 am to BamaGradinTn
Until Congress and the SC get their asses back working, someone has to make decisions , absolute authority or not.
Posted on 4/14/20 at 1:01 am to BamaGradinTn
Can a governor issue an executive order that trumps or otherwise undoes a Presidential Executive Order? Probably not.
Then saying it this way must also be true: if Trump were to issue an EO ordering the re-commencement of all commerce within the United States, I would say that nullifies any state EO to the contrary.
**Schools are likely a different situation as states do have specific legislative authority to close schools for various reasons. But not same for ALL restaurants. Or ALL churches. Or ALL barbers. Etc.
Then saying it this way must also be true: if Trump were to issue an EO ordering the re-commencement of all commerce within the United States, I would say that nullifies any state EO to the contrary.
**Schools are likely a different situation as states do have specific legislative authority to close schools for various reasons. But not same for ALL restaurants. Or ALL churches. Or ALL barbers. Etc.
This post was edited on 4/14/20 at 1:04 am
Posted on 4/14/20 at 3:05 am to davyjones
I am no constitutional lawyer, so I looked up some of the terms thrown around above in defense of a president having total/absolute/whatever power over the states with regard to the China Commie Cough.
Plenary: nothing to do with current situation. Plenary powers given to the president are basically limited to pardons.
Defense act: nothing to do with current situation, it has to do with DoD and DoE spending.
Commerce clause: Congress controls the commerce clause
Supremacy clause: doesn't apply because there is no federal statute on shelter in place
Here is an article by some fig at lawfare tackling the issue. Obviously lawfare hates Trump and the Constitution so there is an expectation of bias. LINK
From a practical point, Trump declares we are open for business, with the blessing of Dr Fauci, the National State of Emergency is cancelled, you would think most states move towards reopening. Life is good.
However, this is an election year and Dems are running a senile, prepubescent groping, Chinese & Ukraine embezzling buffoon. The DNC needs all the help they can get, and with a weaponized media, I could see them forcing blue states to stay in Nazi lockdown mode.
At the expense of their economies and constituents, just to play a game of legal chicken with Trump.
When you are out of options, as they are, then burning it all down in the hopes of a Supreme Court battle at best or another impeachment at worst makes perfect sense.
Back to the legal aspect of all this, can anyone refute the linked article or my weak rebuttals?
I would like to be more educated on the matter as I see this blowing up over the next few weeks now that muh CCC has gone the way of muh Ukraine and muh Russia.
Plenary: nothing to do with current situation. Plenary powers given to the president are basically limited to pardons.
Defense act: nothing to do with current situation, it has to do with DoD and DoE spending.
Commerce clause: Congress controls the commerce clause
Supremacy clause: doesn't apply because there is no federal statute on shelter in place
Here is an article by some fig at lawfare tackling the issue. Obviously lawfare hates Trump and the Constitution so there is an expectation of bias. LINK
From a practical point, Trump declares we are open for business, with the blessing of Dr Fauci, the National State of Emergency is cancelled, you would think most states move towards reopening. Life is good.
However, this is an election year and Dems are running a senile, prepubescent groping, Chinese & Ukraine embezzling buffoon. The DNC needs all the help they can get, and with a weaponized media, I could see them forcing blue states to stay in Nazi lockdown mode.
At the expense of their economies and constituents, just to play a game of legal chicken with Trump.
When you are out of options, as they are, then burning it all down in the hopes of a Supreme Court battle at best or another impeachment at worst makes perfect sense.
Back to the legal aspect of all this, can anyone refute the linked article or my weak rebuttals?
I would like to be more educated on the matter as I see this blowing up over the next few weeks now that muh CCC has gone the way of muh Ukraine and muh Russia.
Posted on 4/14/20 at 3:34 am to fatheadgator
quote:just trdump.
Does a President have absolute authority?
Posted on 4/14/20 at 6:29 am to Jinglebob
quote:
Back to the legal aspect of all this, can anyone refute the linked article or my weak rebuttals?
I didn't read the whole article.
1. The States as a generalization don't have the powers they are currently using, they can do certain things to protect the public's health but what someone does in their home is private rights... they do have the ability to quarantine but that is not what they are doing. They are kidnapping people that they have no idea have the virus or even any reasonable suspicion that they do have it... nor is there due process.
In my opinion, these are generally sedition type acts against the U.S. and Americans.
2. As far as opening up commerce, clearly anything that effects interstate commerce can be a federal question. And criminal code already exist for those intentional interfering with interstate commerce.
3. Can Trump order schools or other State services, generally I would say no. But not sure what is what we are talking about... we're talking freedom and commerce.
4. Can Trump send in troops during this, absolutely at this point, you basically have States seizing power The People never gave them i.e. large scale kidnapping and shutting down of interstate commerce.
This post was edited on 4/14/20 at 6:30 am
Posted on 4/14/20 at 6:44 am to fatheadgator
Yes. He was the one that ordered that sheriff in greeneville to dump nails and record licenses at that church.
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